CONSUMER LAW
Vehicle Warranty Claims
Magnuson-Moss Warranty Act, Implied Warranties & Used Car Sales
When a product fails to perform as warranted — whether it is a new car, a used vehicle sold with a dealer warranty, or a consumer product — federal and Florida law give you the right to demand repair, replacement, or a refund. The Magnuson-Moss Warranty Act makes it possible to recover attorney fees, which means you can pursue these claims without paying a lawyer out of pocket.
Magnuson-Moss Warranty Act — 15 U.S.C. § 2301
The Magnuson-Moss Warranty Act is a federal law that governs written warranties on consumer products. If a seller provides a written warranty, Magnuson-Moss requires that it be clearly labeled as either a 'full' or 'limited' warranty and that its terms be disclosed in plain language before the sale. More importantly for consumers, Magnuson-Moss allows a consumer who prevails in a warranty dispute to recover attorney fees from the warrantor. This fee-shifting provision makes it economically viable to pursue warranty claims that would otherwise be too small to litigate.
Implied Warranty of Merchantability
Under Florida's Uniform Commercial Code (Fla. Stat. § 672.314), every sale of goods by a merchant carries an implied warranty that the goods are fit for the ordinary purposes for which they are used. For a vehicle, this means it must be drivable and reasonably safe. A dealer can disclaim the implied warranty of merchantability — but only in writing, conspicuously, using the word 'merchantability.' An oral disclaimer is ineffective. If a dealer sells you a vehicle 'as-is' without a proper written disclaimer, the implied warranty may still apply.
Used Car Warranties and 'As-Is' Sales
The Federal Trade Commission's Used Car Rule requires dealers to post a Buyers Guide on every used vehicle disclosing whether the car is sold as-is or with a warranty, and if warranted, what systems are covered and for how long. Even when a car is sold as-is, the as-is disclaimer does not protect a dealer who made affirmative misrepresentations about the vehicle's condition. If a dealer told you the car was in excellent condition, had never been in an accident, or had just been inspected — and those statements were false — the as-is clause does not bar your fraud or FDUTPA claim.
Florida Lemon Law
Florida's Motor Vehicle Warranty Enforcement Act (Fla. Stat. § 681.10 et seq.) — commonly called the Lemon Law — applies to new vehicles purchased or leased in Florida. If a new vehicle has a defect that substantially impairs its use, value, or safety, and the manufacturer or dealer is unable to repair it after a reasonable number of attempts, the consumer is entitled to a replacement vehicle or a full refund. The Lemon Law has specific notice and arbitration requirements that must be followed before filing suit.
Remedies
Depending on the claim, remedies may include repair or replacement of the product, rescission of the sale and a full refund, actual damages, and attorney fees under Magnuson-Moss or FDUTPA. Florida's Lemon Law provides for replacement or refund plus collateral charges and incidental damages.
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